What is the test for determining whether multiple counts of sexual assault constitute a continuous offense?

MultiRegion, United States of America

The following excerpt is from Heller v. Holland, No. 2: 15-cv-0587 MCE KJN P (E.D. Cal. 2017):

The test for multiplicity requires the court to determine "whether the individual acts are prohibited, or the course of action which they constitute. If the former, then each act is punishable separately.... If the latter, there can be but one penalty." Blockburger v. United States,

Page 22

284 U.S. 299, 302 (1932) (two drug sales made at separate times do not constitute a continuous offense); compare In re Snow, 120 U.S. 274, 286 (1887) (cohabiting with multiple women constitutes a continuous offense). More simply put, the test for determining if multiple counts charge separate and distinct offenses is whether one count requires proof of a fact which the other does not. United States v. Segall, 833 F.2d 144, 147 (9th Cir. 1987) (citing Blockburger, 284 U.S. at 304).

Other Questions


How have the Courts in Nova Scotia dealt with allegations of sexual assault, sexual assault and sexual assault against a group of alleged victims? ("New York", United States of America)
What is the test for determining whether a sexual assault victim has been sexually harassed or sexually harassed? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
Can a plaintiff bring an action in the 9th Circuit of the Ninth Circuit for damages arising out of sexual assault claims brought by a plaintiff who alleges he was sexually assaulted as a result of sexual abuse? (MultiRegion, United States of America)
What is the test for determining whether age was a determining factor in determining whether a plaintiff should be retained or discharged? (MultiRegion, United States of America)
What is the test for determining whether a defendant has considered each of the factors that determine whether they have been found liable for damages? (MultiRegion, United States of America)
What is the test for determining whether a defendant has been found guilty of a charge of sexual assault? (MultiRegion, United States of America)
What is the test for setting aside a conviction for sexual assault in a sexual assault case? (MultiRegion, United States of America)
How have courts determined whether multiple payments constitute more than one bribe? (MultiRegion, United States of America)
What is the test for determining whether a defendant has been convicted of a sexual assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.